M P NARAYAN Vs. SUDHADEVI

JUDGEMENT

(1.) This appeal is directed against the ex parte decree dated 23rd July 1984 passed by Mrs. Monjula Bose, J. in Suit No.264 of 1984 (Sm. Sudha Devi v. Baranagore Jute Factory Company Ltd. and Ors.)

(2.) The facts relevant to the instant appeal as will appear from the plaint of the said Suit No., 264 of 1984 and other records are briefly set out hereunder.

(3.) According to the respondent No.1, the respondent No.2 was a tenant under her in respect of flat No.12 on the 6th floor with a servant quarter and car parking space on the ground floor (hereinafter referred to as the 'demised flat') at premises No.12B, Lord Sinha Road, Calcutta. The defendant No.2 made defaults in payment of agreed monthly rents in respect of the demised flat to the respondent No.1. Further, the respondent No.2 during the subsistence of its tenancy without the consent of the respondent No.1 sublet the demised flat to the respondent No.3 and permitted and allowed him to occupy the same. In the premises the respondent No. 1 duly determined the tenancy of the respondent No.2 in respect of the demised flat on and from 1st June 1974. Inasmuch as the respondent No.2 failed and neglected to deliver up possession of the demised flat to the respondent No.1 she filed in the City Civil Court an ejectment suit being Ejectment Suit No.818 of 1974, against the respondent Nos.2 and 3. On 6th Feb.1982 an ex parte decree for ejectment and Rs.1295.55 for cost, was passed against the respondent Nos.2 and 3 in the said suit.